UNITED STATES v. GWYTHER

Nos. 25051, 25052.

431 F.2d 1142 (1970)

UNITED STATES of America, Appellee, v. David George GWYTHER, Appellant, UNITED STATES of America, Appellee, v. Kip Dallen MORGAN, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearings Denied September 16, 1970.


Attorney(s) appearing for the Case

Herbert Titus (argued), Eugene, Or., for David George Gwyther.

Nels Peterson (argued), of Peterson, Chaivoe & Peterson, G. Bernhard Fedde, of Cole, Fedde & Peterson, Portland, Or., for Kip Dallen Morgan.

Jack G. Collins (argued), Asst. U.S. Atty., Sidney I. Lezak, U.S. Atty., Portland, Or., for appellee.

David L. Jensen, Eugene, Or., Terry J. Hammons, Eugene, Or., of counsel, amicus curiae submitted by American Civil Liberties Union of Oregon.

Before CHAMBERS and WRIGHT, Circuit Judges, and BOLDT, District Judge.


BOLDT, District Judge.

The indictment in this case charged each defendant with two counts of violation of 50 App.U.S.C. § 4621 by hindering and interfering with the administration of the Military Selective Service Act by the local selective service board at Roseburg, Oregon on January 8, 1969 and the local board at Eugene eight days later. In count III defendants were charged with conspiracy to commit the substantive offenses specified...

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